Everything You Need to Know About Racial Discrimination in the Workplace

Did you know that it’s illegal in the state of California for an employer to have discrimination toward an individual because of their ethnic background? People that are harassed or discriminated against an employee based on race could make a claim in opposition to his or her boss for the damages done.

1. Could a California employer decline to bring on an individual because of his or her ethnicity?

No, a business owner in California can’t decline to bring on an individual due to his or her ethnic background. Employment discrimination because of an individual’s race is a It is illegal in the state of California to discriminate in workplace because of an individual’s ethnicity.

It is not legal for a the business owner with five or more workers to single out a person based on ethnicity as seen under the California Fair Employment and Housing Act .

2. How can you discriminate against ethnic background?

Race discrimination usually occurs when you behave towards a person in a different manner than other due to the place she or she was born in, how he or she looks, or their race. Color, race and ethnicity could mean various things to different people. There is oftentimes a ton of overlap. But it is illegal in California to discriminate based on color, race or ethnicity.

Racial discrimination could also be incorporated with national origin discrimination. This happens when the employer treats a worker or job candidate badly because he or she comes from a certain nation or comes off as a certain ethnicity.

Ethnic background can be linked to cultural aspects based on where he or she grew up or where his or her relatives came from. This is the same as the definition of national origin under California law. National origin refers to a person’s place of birth or original heritage. The laws against race discrimination are not only limited to employers. These laws also apply to labor organizations and unions. These are prohibited from expelling, excluding or restricting membership to an individual based on color or race.

Assumed Ethnic Background

Race discrimination in the workplace is not legal even if the individual has made an error about the victim’s ethnicity. The California workplace laws against race discrimination based also applies to the ethnic background that is assumed. If the business owner happens to have made an error about the applicant’s race or color, it’s not a defense to discrimination against race.

An instance would be if an manager conducting an interview might choose not to hire the candidate due to not trusting Chinese people. The candidate was really a United States citizen, grew up in America to parents from South Korea.

If the applicant files a complaint against the employer for race discrimination, the fact that the employer has made an error about the applicant’s race is not a defense. The employer might still be in violation of workplace discrimination laws for any discrimination based on race.

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3. Can you be discriminated against by someone from the same race?

An employer could discriminate against someone from the same race. California’s employment discrimination laws are not based on the employer’s race but make any race discrimination not lawful.

Do you have a question about race discrimination in the workplace? Click here to contact Von Esch Law today!

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Do Children Have Rights in California Child Custody Cases?

Nobody gets married thinking it will end in divorce. That unfortunately usually becomes the result. A break up in marriage is a rough time for everyone who is part of the family, specifically the kids. Both parents contribute to the benefits of their kid. When the mom or dad might be the top person to care for the kid, the other parent might be giving to the child monetarily. Both of these responsibilities are important for supporting a flourishing child. Usually assistance from a great family lawyer is just as essential to your life as a parent. You should not experience this break up by yourself. Obtaining a good lawyer to represent you is crucial. The California court system will have a great understanding of your point of view and how you care for your child when your attorney manifests your case. You should steer clear of expensive errors by  letting our experienced attorneys to secure your custody rights and represent you when it comes to the needs of your children.

When do California courts listen to what kids need in these cases? A kid may want to live with one parent over the other after the split. However, is it right to include the kids in the custody disputes in court? Specifically for kids, divorce cases can be extremely traumatizing. Is it okay for a kid to witness the pain and animosity of his or her parents during the trials? We think “occasionally.”

What the child has a say in

There are many laws in California that secure the rights for the kids. Usually the courts in California want both parents to contribute financially while having joint custody. The mother, father, and the court are responsible for making decisions on the best interest of the kids and ensuring that they have a healthy environment in the custody arrangements.

Kids have a great love for their mother and father. They would like both parents to be proud of them. However, it can become hard when kids are stuck in the middle of a nasty divorce. The mother and father usually disagree on who gets the child when, child support and visitation. All of these arrangements are already confusing for kids, so it may be best to not make children choose sides and cause a stressful situation. The laws in our state are cautious in getting what they need from the kid to make a decision.

How old does a child need to be to make decisions?

Even though there aren’t laws that say a certain age a child needs to be to make custody decisions, most courts in California think that the age of thirteen or fourteen is old enough to have a say as to why they prefer to live with the mom or dad. The court will consider that the adolescent age of the child is usually difficult and that he or she has a good chance of behaving badly to cope with the split.

Click here to learn who keeps the car in a divorce!

What if the young child wants to live with one parent over the other?

In a case where a child is young, the courts need to intervene. Children usually function on emotion. They might say they want to live with one parent instead of the other for reasons that have everything to do with the parents and not a lot to do with the child. 

Do you have a question about child custody? Click here to contact Von Esch Law today!

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Why You Need a Lawyer to Prepare and Review Your Contract

Drafting a Legally Binding Agreement
A contract or legally binding could be verbal or on paper, but the most significant contracts are those that are signed by parties of two or more. Legally binding agreements are the core of your business and may be basic or sophisticated. Some instances of contracts include employment contracts, sales agreements, real estate purchase contracts, and confidentiality agreements.

The preparation of a legally binding agreement the action of writing out the conditions and terms to outline what both parties are obligated to do, in order to completely have an understanding of the agreement. Contracts can be drafted through any individual, but a lawyer is usually necessary to make a legally binding agreement that holds up and protects the parties.

How are the Contracts Prepared?
Legally binding agreements can be in various forms. The most common legally binding agreement is the standard form contract, otherwise known as the standardized agreement and is drafted by an individual of one of the parties. The alternative party can hardly argue the terms that are considered positive for them. Some examples of adhesion contracts tickets events, insurance policies, and apartment and housing leases.

What is a Contract Review?
An individual signing the contract will most likely cautiously review the contract or will have his or her attorney look over the contract. A contract review will make sure that you will have a full understanding of what you’re signing.

This is an important procedure to ensure that there will be rare contract disputes in the years to come. The initial piece of evidence that the court search for is the verbiage of the contract itself during a dispute. Both of the contract parties can make reference to the contract and point out what is expected of both parties if an issue were to occur.

A nicely written and well-understood legally binding agreement can lower the confusion between the two signers. Legal problems could happen if the agreement is not written clearly. For this reason, we suggest that you look through the agreement in and our or have one of our experienced attorney perform a complete evaluation of any contract prior to signing it.

Since legally binding agreements can be long and have become highly complicated, many individuals usually skim and skip through the content and do not really have the knowledge of what he or she are agreeing to. Having a qualified business lawyer evaluate your agreement or contract draft might save you from expensive legal woes in the future.

Click here to learn sexual harassment laws in California!

Should You Hire a Lawyer to Help with Writing the Contract and Reviewing It?

You need to prepare and understand your contract. This can be a complicated journey. It might be the best decision to speak to our experienced business lawyers.

Our experienced business attorneys will help you from beginning to end through the contract writing and reviewing process and safeguard you against anything that can go wrong. We will also help avoid other problems with the law that come up from an incorrectly drafted contract and support you in court, if needed.

Do you have a question about contract preparation and review? Click here to contact Von Esch Law today!

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Who Gets to Keep the Car in a Divorce in California?

Which person will have the privilege of keeping the family vehicle during the divorce?  Many people have difficult financial choices to make, which makes budgets extra tight. Some family members in households only have one car or use the buses to get from one place to another. When a husband and wife decide to file for divorce, they both need to decide who will take the family vehicle. Dividing up the family property is one of the most fought over problems during a split. When it comes to custody issues, it all depends on California laws.  

Dividing Up the Property

Dividing up the property during a divorce can be a complicated issue since it is decided by the state of California. If the two divorcees agree automatically as to who gets what, they are welcome to agree on their own terms. We suggest that you retain a lawyer to get what you need in accordance with California laws. Our experienced family law attorneys will inform you about the roles of dividing your property during the break up and how to get you what you need!

Most states adhere to common law as a guideline. For example, if the husband bought and completely paid off the vehicle, then the husband owns the vehicle. If the former husband and wife have both of their names on title, each person is considered fifty percent the owner of the car. Items that are received throughout the marriage is divided up in half during the split. But this doesn’t include the things that were received as an inheritance prior to getting marries. Laws regarding community property see the couple as both contributing to the legal binding, so the courts aim to give our out the property in an equal manner. 

Although this distributions seems uncomplicated, it can get complex when one person wants to get the family car. Since California is a community property state, the husband or wife who makes the best case will win. For instance, one of the spouses could say that the car is important for them to have because they cannot take public transportation due to not being able to walk. A mother who works from home could say that they need the car to take the children to school or soccer practice.

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If one spouse has made the most payments on the car whether it is bought or leased out, this could lead to the courts giving the car to the person who paid for it. If the car was owned by one of the spouses prior to getting married, then the car will more than likely be given to that spouse. But the opposing spouse might be able to get another item that it equivalent in value.

Arguments over the family car can get nasty, with one person taking it away and not giving it back. To prevent this issue from reaching this point, you should contact to our family law attorneys. We know how to handle the fair division of individual and marital property in divorce without the situation ending in an argument. 

Do you have a question about divorce laws in California? Click here to contact Von Esch Law today!

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Your Guide to Sexual Harassment Laws in California

If you have been harassed sexually while you are work, you’re most likely not alone in this. According to one current of the EEOC studies, twenty five percent of women and twenty percent of men have been sexually harassed on the job.  

One only has to watch the news channels or do a search of the “me too” hashtag to discover a large number experiences of disturbing behavior, much of which have lead to sexual harassment inside the workplace.

Quid Pro Quo Harassing

This is a Latin originated term that means this for this or this for that. The term means the idea of exchanging something. In this case, quid pro quo harassment happens when a colleague conditions your continued employment, hiring, benefits or position promotion on submitting to desired sexual acts or some other kind of sexual advance. This type of harassing can be meant as threatening. Quid pro quo sexual harassment is seen as extreme enough that just one occurrence make the company liable.

Hostility While at Work

This type of sexual harassment happens when the sexual harassment act is so prevalent or extreme that it interrupts your work flow, changes the condition of your workplace or frequently offends you. It is possible to experience hostility even if the act isn’t even directed towards you.

Just one act of harassing someone sexually might be severe enough to be illegal. The acts that are less extreme might also become so pervasive that it becomes unlawful, even if the single incident on its own wasn’t particularly offensive or hostile. The legal test of whether or not something qualifies as a hostile work environment sexual harassment includes both objective and subjective components.

Who will be liable for sexual harassment claims in California?

Under the California law, an employee who is the perpetrator of the sexual harassment is personally liable for damages to their victim regardless of whether or not the employer was aware or should have known about the harassment.

Employers are held strictly liable if the sexual harassment was at the hands of a supervisor or if the perpetrator of the harassment was the employer. This means that if the harassment was perpetrated by the supervisor, the employer is responsible for the victim’s damage whether or not the employer was aware or should have known about it and regardless of whether or not they took corrective action.

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While some interpretations of California sexual harassment can evoke some uncomfortable laughs, sexual harassment is very far from a laughing matter and could cause serious trauma for its victims. This also does not stop harassers from claiming the offending behavior was just a mere joke. In few cases cases, it might actually be the perpetrator’s misguided intention to be funny.  But it is not just the harasser’s intent that matters. It’s how an objective person would react and the impact of that behavior that results in whether or not the behavior constitutes sexual harassment. 

Do you have a question about sexual harassment laws in California? Click here to contact Von Esch Law today!

Courtesy of Cuselleration

Pet Custody Laws in California

You may think of your dog as your fur child, but California law would not agree. In regards to the law, they are really no different than the precious items or the home. But in more and more homes in California, splitting the pets can get pretty contentious. When you put all of your expenses together, it is no wonder that we are beginning to see a higher number of custody battles involving companion animals.

In the mid-90s, Florida’s First District Court of Appeals overturned a decision of the trial court that granted Kathryn Bennett visits with her family dog Roddy. The dog was an asset before marriage and belonged to her ex-husband, Ronald Greg Bennett, who was then awarded custody, while his ex-wife was only given visits with Roddy every other weekend and every other Christmas holiday. Ms. Bennett went back to court contending that her ex-husband was not compliant with the visitation the court had ordered.

But instead of applying her rights as a dog parent, the appeals court denied that they even existed. Pets must be awarded pursuant to the dictates of equitable distribution statute.

This ruling goes on to say that determinations as to custody and visitation will lead to continuing enforcement and supervision problems. The courts were overwhelmed with the supervision of visitation, custody and support matters related to the protection of children. They could not undertake the same responsibility as to animals.

When a judge chooses who should get the cat or dog, these factors as who spends more time with the pet, who cares for it and takes it to the vet and who brought it into the relationship in the first place needs to be considered.

When a couple is divorced fights over their dog or cat, they might not be dealing with an underlying issue. An ex who takes his or her former spouse to court over and over in regards to getting to visit the dog or pay pet bills probably is not as concerned about the dog as he or she is about controlling an ex-husband or ex-wife. In a case of divorce, the dog or cat might become a symbol of power and control and might be seen as the one entity that still loves me unconditionally.

Click here to learn child abuse laws in California!

The legal battles that involve pets can be a large emotional investment with an uncertain outcome that can run into the tens of thousands of dollars. The split also makes an impact on the animal. A lively pet in the past might now become depressed, He or she might sleep more, consume food less and lose interest in activities such as walking and playing with his owner. He or she might start having accidents in the house or grooming himself excessively.

You should decide what is best for your pet. Put your own feelings aside to get to that decision. You will need to consider such factors as who fed and cared for them before the divorce and who can afford to pay for their veterinary care and other expenses.

Do you have a question about pet custody in California? Click here to contact Von Esch Law today!

Courtesy of Cuselleration

4 Ways to Protect Yourself From Business Fraud

Every company is susceptible to fraud. This is largely because there are so many different kinds of fraud.

Cybercriminals adapt their ways almost as quickly as cyber security firms make new products and services. It is almost impossible to protect against every type of attack.

1. Secure Your Accounts

Have you not made a different credit card or bank account for your personal life and business? You need to do this as soon as possible. If a hacker gets hold of a single account, he or she will gain entrance to other account. You need to evaluate your security systems when it comes to banking online and make sure that you are able to automatically log out. You need to create a monitored reimbursement expense policy for your team members and hold on to it. Make sure that your credit card provider is fraud protected since you are giving your credit card numbers to your employees.

2. Safeguard your computers

Computer hackers are trying to get in to your computer. You will need a firewall to secure the information that your business has. Software that blocks viruses can assist you in helping detect breach of information as well. Look for cyber security vendors that fit all of your needs. Your team members also need to create passwords that are difficult to hack into. Your employees will need to switch up their login information every sixty to ninety days.

Click here to learn pregnancy protection laws in California!

3. Do an employee background check

While you are increasing your employee count, you will need to find people who you can trust. You shouldn’t rely on references on their resume. You need to do a deep background check on everyone you let in. Some businesses could bring this service to you. It costs only thirty to fifty dollar for one report. You can filter out your candidates and run a background check right before you decide who to bring on your team. You will also need to ask permission before doing the background check.

4. Make a protected entrance

A protected entrance system could prevent people who you don’t want to give access to. Some key-card systems bring out clock-in and clock-out records of a worker’s entrance and exit from your office.

Management can also limit access to specific areas to certain people. For example, you could use a key card system to only let the tech managers inside the server room. Limiting the access to sensitive areas will keep you and your business safer.

Do you have a question about business fraud in California? Click here to contact Von Esch Law today!

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Here Are Child Abuse Laws in California

If you’re a parent, you have most likely wondered at some point or another the things that exactly constitutes child abuse. Knowing the kinds of physical contact are acceptable could be very difficult to determine. It used to be that the parent who felt that their child needed a beating with a belt was not thought of any differently than a parent who felt beating their child was wrong. Physical punishment was actually widely accepted as an effective method of parenting.

In the present day, things are extremely different. Depending upon detailed circumstances, the smallest of physical contact could result in a criminal charge for committing child abuse. Different areas of the US have different laws governing physical contact between a parent and a child with penalties and definitions of abuse varying wildly.

The laws in California pertaining to physical child abuse are somewhat average when compared to laws throughout the United States. People facing criminal charges for committing child abuse are encouraged to contact our domestic violence defense law firm for a  free consultation. There are some instances in which parents are falsely accused.

Different Types of Child Abuse

What is considered child abuse could range from emotional, physical, sexual and neglect. There are different ways in a which a person could abuse a child. While some experts may say that emotional child abuse is as damaging if not more than physical abuse, there is no question that all different types of abuse could negatively affect a child throughout their lifetime.

The following are the types of child abuse are:

Emotional Abuse: When a parent consistently shames or humiliates a child in any way it can be considered emotional child abuse.

Child Neglect: If a parent constantly fails to fulfill their child’s basic needs, this will be considered child neglect.

Sexual Abuse: If a parent or another adult engages in physical contact with a kid’s genitals or coerces a child into creating contact with their own genitals, they are then committing sexual abuse upon a child.

Physical Child Abuse: A parent who physically hurts or injures a child on purpose they are considered physically abusive. The gray area is whether or not the parent was intentionally trying to discipline their child. If the purpose of the harm was to discipline, there are still instances in which discipline could go too far. In these cases, perpetrators could be charged and convicted for committing physical child abuse.

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Specific actions that can result in child abuse charges are making purposeful physical contact with a child that leaves a mark, getting involved in a physical fight with your child resulting in marks and bruises, and using a belt or another object to beat the child.

Do you have a question about child abuse laws in California? Click here to contact Von Esch Law today!

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Workplace Pregnancy Protection Laws in California

California law brings significant protection for pregnant employees.  In addition to prohibiting discrimination or harassment in regards to pregnancy status, the law California requires an employer to allow an employee disabled by childbirth, pregnancy or related medical conditions to take a leave of absence and to maintain her health insurance during the pregnancy leave.  It also mandates the employer to provide other forms of reasonable accommodation as necessary. The requirements to the pregnancy discrimination regulations that took effect seven years ago expanded the protections in several regards, including an expanded definition of the conditions that might render a woman disabled by pregnancy and the extension of protections to employees perceived as pregnant or disabled by pregnancy even if she is not actually pregnant.

The depth of protection for pregnant employees under the California law presents a challenge for companies and creates a number of varied issues and legal claims.  But one aspect of these laws that causes or contributes to some of the issues related to pregnancy we see has to do with a fundamental aspect of the laws that does not get a lot of discussion:  To stay compliant with the laws and avoid claims for pregnancy discrimination, an employer needs to have common sense.

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If a pregnant woman is unable to perform the essential functions of her job, the employer is mandated to treat her as a temporarily disabled employee. This means that the employer must make the same accommodations as it would for an employee who cannot perform some or all of his or her job functions due to a temporary disability. This might include changing some of the job functions, having the pregnant employee do alternative functions or offering the employee paid or unpaid leave.

Employers aren’t required to give pregnant employees preferential treatment. Their duty is to treat them equal to other employees and not to discriminate against them in any employment decisions because of the pregnancy. Employers are allowed to terminate pregnant employees for excessive absences from work, even if those absences were caused by reasons related to pregnancy.

California law requires that an employer does not act on those assumptions but to instead handle each situation as unique and not one in which the employer’s history might repeat itself. To many businesses and managers not as familiar with California law, making decisions that ignore experiences in the past and common sense may seem bad for business. But in dealing with issues related to pregnant employees, employers need to in some extent ignore what has happened in the past with pregnant employees and resist making decisions based on what it expects to happen no matter how likely the outcome will be predicted. A busy manager concerned about staffing and meeting the needs of the company might understandably find it hard to do so.  But even an absence of any hostility toward the pregnant employee and a singular focus on preparing for the very real possibility that the pregnancy and the employee’s plans after pregnancy will adversely affect business will not necessarily protect the employer. When dealing with pregnancy topics in the workplace, good intentions and reliance on past experience might not provide a defense.

Do you have a question about pregnancy laws in the workplace in California? Click here to contact Von Esch Law today!

Courtesy of Cuselleration

This is How Alimony is Determined in California in 2019

Spousal support or alimony during a divorce is one of the most difficult things to go through. California couples need to agree who will pay money to whom and whether a spouse is going to support the other.

What is the point of having alimony is California?

This is designed to assist the spouse who earns a smaller amount of money to make the change from being married to now being without a spouse. They need the time and money to get back on his or her feet to eventually rely on themselves again after the divorce. They need to agree on how much time this alimony will last. This usually depends on the longevity of the marriage. Alimony can last a lifetime.

Alimony guidelines are applicable to the momentary support payments.

When it comes to child support, there is a calculated way that makes sure the certain amount that each person needs to pay for child support. This guideline is very clear on when this will be done. Alimony is always up for final negotiation even though there is this guideline. This is a great starting point though.

Maintaining lifestyle and its cost

When you find that spousal support is not hard enough in California, there is also a different thing that you should bring in. The cost to maintain a person’s lifestyle if one of them. The cost can vary in California, since we have so many different areas. There is no set amount of time that alimony will last. 

Click here to learn about divorce laws in California!

What happens when kids are involved?

You may have found that our state’s amount is based on how much the paying spouse makes. When you have a minor child and you need to pay child support, this will decrease the net money coming in that is available for alimony. In some areas, the alimony should be agreed upon before the child support costs. It is the opposite in California. Child supports need to be decided initially.

Many people think of the check in the mail approach.

But there are more creative ways to resolve this because some people just do not like paying the alimony. For instance, you and your spouse can agree that in exchange for not getting that monthly check in the mail, one of you will take a larger share of the community property to offset the amount of support that would have been paid out over time.

Do you have a question about alimony laws in California? Click here to contact Von Esch Law today!

Courtesy of Cuselleration